37th  Congress, 
2d'  Session. 


SENATE. 


j  Mis.  Doc. 
(  No.  108. 


IN  THE  SENATE  OF  THE  UNITED  STATES. 


July  14,  1862. — Ordered  to  be  printed. 


AN  ACT 

To  aid  in  flic  construction  of  a  railroad  and  telegraph  line  from 
the  Missouri  river  to  the  Pacific  ocean,  and  to  secure  to  the 
go  vent  me  nt  the  use  of  the  same  for  postal,  military,  and  other 
purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled ,  That  Walter  S.  Burgess, 
William  P.  Blodget,  Benjamin  H.  Cheever,  Charles  Fosdick  Fletcher, 
of  Rhode  Island  ;  Augustus  Brewster,  Henry  P.  Haven,  Cornelius  S. 
Bushnell,  Henry  Hammond,  of  Connecticut ;  Isaac  Sherman,  Dean 
Richmond,  Royal  Phelps,  William  H.  Ferry,  Henry  A.  Paddock, 
Lewis  J.  Stancliff,  Charles  A.  Secor,  Samuel  R.  Campbell,  Alfred  E. 
Tilton,  John  Anderson,  Azariah  Boody,  John  S.  Kennedy,  H.  Car¬ 
ver,  Joseph  Field,  Benjamin  F.  Camp,  Orville  W.  Childs,  Alexander 
J.  Bergen,  Ben.  Holliday,  D.  N.  Barney,  S.  De  Witt  Bloodgood, 
William  H.  Grant,  Thomas  W.  Olcott,  Samuel  B.  Ruggles,  James 
B.  Wilson,  of  New  York  ;  Ephraim  Marsh,  Charles  M.  Harker,  of 
New  Jersey;  John  Edgar  Thompson,  Benjamin  Haywood,  Joseph 
H.  Scranton,  Joseph  Harrison,  George  W.  Cass,  John  II.  Bryant, 
Daniel  J.  Morell,  Thomas  M.  Howe,  William  F.  Johnson,  Robert 
Finney,  John  A.  Green,  E.  R.  Myre,  Charles  F.  Wells,  junior,  of 
Pennsylvania  ;  Noah  L.  Wilson,  Amasa  Stone,  William  H.  Clement, 
S.  S.  L’Hommedieu,  John  Brough,  William  Dennison,  Jacob  Blick- 
ensderfer,  of  Ohio;  William  M.  McPherson,  R.  W.  Wells,  Willard 
P.  Hall,  Armstrong  Beatty,  John  Corby,  of  Missouri;  S.  J.  Hensley, 
Peter  Donahue,  C.  P.  Huntington,  T.  D.  Judah,  James  Bailey, 
James  T.  Ryan,  Charles  Hosmer,  Charles  Marsh,  D.  0.  Mills,  Samuel 
Bell,  Louis  McLane,  George  W.  Mowe,  Charles  McLaughlin,  Timo¬ 
thy  Dame,  John  R.  Robinson,  of  California;  John  Atchison  and  John 
D.  Winters,  of  the  Territory  of  Nevada;  John  D.  Campbell,  R.  N. 
Rice,  Charles  A.  Trowbridge,  Ransom  Gardner,  Charles  W.  Penny, 
Charles  T.  Gorham,  William  McConnell,  of  Michigan  ;  William  F. 
Coolbaugh,  Lucius  Id.  Langworthy,  Hugh  T.  Reid,  Hoyt  Sherman, 
Lyman  Cook,  Samuel  R.  Curtis,  Lewis  A.  Thomas,  Platt  Smith, 
of  Iowa;  William  B.  Ogden,  Charles  G.  Hammond,  Henry  Far- 
num,  Amos  C.  Babcock,  W.  Seldon  Gale,  Nemehiali  Bushnell  and 
Lorenzo  Bull,  of  Illinois  ;  William  II.  Swift,  Samuel  T.  Dana,  John 


2 


PACIFIC  RAILROAD. 


Bertram,  Franklin  S.  Stevens,  Edward  R.  Tinker,  of  Massachusetts; 
Franklin  Gorin,  Laban  J.  Bradford,  and  John  T.  Levis,  of  Kentucky; 
James  Dunning,  John  M.  Wood,  Edwin  Noyes,  Joseph  Eaton,  of 
Maine;  Henry  H.  Baxter,  George  W.  Collamer,  Henry  Keyes,  Thomas 
H.  Canfield,  of  Vermont;  William  S.  Ladd,  A.  M.  Berry,  Benjamin 
F.  Harding,  of  Oregon;  William  Bunn,  junior,  John  Catlin,  Levi 
Sterling,  John  Thompson,  Elihu  L.  Philips,  Walter  D.  Mclndoe,  T. 

B.  Soddard,  E.  H.  Broadhead,  A.  II.  Virgen,  of  Wisconsin;  Charles 
Paine,  Thomas  A.  Morris,  David  C.  Branham,  Samuel  Hanna,  Jonas 
Votaw,  Jesse  L.  Williams,  Isaac  C.  Elston,  of  Indiana;  Thomas 
Swan,  Chauncey  Brooks,  Edward  Wilkins,  of  Maryland;  Francis  R. 
E.  Cornell,  David  Blakely,  A.  D.  Seward,  Henry  A.  Swift,  Dwight 
Woodbury,  John  McCusick,  John  R.  Jones,  of  Minnesota;  Joseph  A. 
Gilmore,  Charles  W.  Woodman,  of  New  Hampshire;  W.  LI.  Grimes, 
J.  C.  Stone,  Chester  Thomas,  John  Kerr,  Werter  R.  Davis,  Luther 

C.  Challis,  Josiah  Miller,  of  Kansas;  Gilbert  C.  Monell  and  Augustus 
Kountz,  T.  M.  Marquette,  William  LI.  Taylor,  Alvin  Saunders,  of 
Nebraska;  and  John  Evans,  of  Colorado;  together  with  five  commis¬ 
sioners  to  be  appointed  by  the  Secretary  of  the  Interior,  and  all  per¬ 
sons  who  shall  or  may  be  associated  with  them,  and  their  successors, 
are  hereby  created  and  erected  into  a  body  corporate  and  politic  in 
deed  and  in  law,  by  the  name,  style,  and  title  of  “  The  Union  Pacific 
Railroad  Company;”  and  by  that  name  shall  have  perpetual  succes¬ 
sion,  and  shall  be  able  to  sue  and  to  be  sued,  plead  and  be  impleaded, 
defend  and  be  defended,  in  all  courts  of  law  and  equity  within  the 
United  States,  and  may  make  and  have  a  common  seal;  and  the  said 
corporation  is  hereby  authorized  and  empowered  to  lay  out,  locate, 
construct,  furnish,  maintain,  and  enjoy  a  continuous  railroad  and 
telegraph,  with  the  appurtenances,  from  a  point  on  the  one  hundredth 
meridian  of  longitude  west  from  Greenwich,  between  the  south  margin 
of  the  valley  of  the  Republican  river  and  the  north  margin  of  the 
valley  of  the  Platte  river,  in  the  Territory  of  Nebraska,  to  the  west¬ 
ern  boundary  of  Nevada  Territory,  upon  the  route  and  terms  herein¬ 
after  provided,  and  is  hereby  vested  with  all  the  powers,  privileges, 
and  immunities  necessary  to  carry  into  effect  the  purposes  of  this  act 
as  herein  set  forth.  The  capital  stock  of  said  company  shall  consist 
of  one  hundred  thousand  shares  of  one  thousand  dollars  each,  which 
shall  be  subscribed  for  and  held  in  not  more  than  two  hundred  shares 
by  any  one  person,  and  shall  be  transferable  in  such  manner  as  the 
by-laws  of  said  corporation  shall  provide.  The  persons  hereinbefore 
named,  together  with  those  to  be  appointed  by  the  Secretary  of  the 
Interior,  are  hereby  constituted  and  appointed  commissioners,  and 
such  body  shall  be  called  the  Board  of  Commissioners  of  the  Union 
Pacific  Railroad  and  Telegraph  Company,  and  twenty-five  shall  con¬ 
stitute  a  quorum  for  the  transaction  of  business.  The  first  meeting 
of  said  board  shall  be  held  at  Chicago  at  such  time  as  the  commis¬ 
sioners  from  Illinois  herein  named  shall  appoint,  not  more  than  three 
nor  less  than  one  month  after  the  passage  of  this  act,  notice  of  which 
shall  be  given  by  them  to  the  other  commissioners  by  depositing  a  call 
thereof  in  the  post  office  at  Chicago,  post  paid,  to  their  address  at  least 
forty  days  before  said  meeting,  and  also  by  publishing  said  notice  in 


I 


A 


3  85.  H 

(J, o 

PACIFIC  RAILROAD. 


3 


one  daily  newspaper  in  each  of  the  cities  of  Chicago  and  Saint  Louis. 
Said  hoard  shall  organize  by  the  choice  from  its  number  of  a  presi¬ 
dent,  secretary,  and  treasurer,  and  they  shall  require  from  said  trea¬ 
surer  such  bonds  as  maybe  deemed  proper,  and  may  from  time  to  time 
increase  the  amount  thereof  as  they  may  deem  proper.  It  shall  be 
the  duty  of  said  board  of  commissioners  to  open  books,  or  cause  books 
to  be  opened,  at  such  times  and  in  such  principal  cities  in  the  United 
States  as  they  or  a  quorum  of  them  shall  determine,  to  receive  sub¬ 
scriptions  to  the  capital  stock  of  said  corporation,  and  a  cash  payment 
of  ten  per  centum  on  all  subscriptions,  and  to  receipt  therefor.  So 
soon  as  two  thousand  shares  shall  be  in  good  faith  subscribed  for,  and 
ten  dollars  per  share  actually  paid  into  the  treasury  of  the  company, 
the  said  president  and  secretary  of  said  board  of  commissioners  shall 
appoint  a  time  and  place  for  the  first  meeting  of  the  subscribers  to  the 
stock  of  said  company,  and  shall  give  notice  thereof  in  at  least  one 
newspaper  in  each  State  in  which  subscription  books  have  been  opened 
at  least  thirty  days  previous  to  the  day  of  meeting,  and  such  sub¬ 
scribers  as  shall  attend  the  meeting  so  called,  either  in  person  or  by 
proxy,  shall  then  and  there  elect  by  ballot  not  less  than  thirteen  di¬ 
rectors  for  said  corporation;  and  in  such  election  each  share  of  said 
capital  shall  entitle  the  owner  thereof  to  one  vote.  The  president 
and  secretary  of  the  board  of  commissioners  shall  act  as  inspectors  of 
said  election,  and  shall  certify  under  their  hands  the  names  of  the 
directors  elected  at  said  meeting;  and  the  said  commissioners,  trea¬ 
surer,  and  secretary  shall  then  deliver  over  to  said  directors  all  the 
properties,  subscription  books  and  other  books  in  their  possession, 
and  thereupon  the  duties  of  said  commissioners  and  the  officers 
previously  appointed  by  them  shall  cease  and  determine  for¬ 
ever,  and  thereafter  the  stockholders  shall  constitute  said  body 
politic  and  corporate.  At  the  time  of  the  first  and  each 
triennial  election  of  directors  by  the  stockholders  two  additional 
directors  shall  be  appointed  by  the  President  of  the  United  States, 
who  shall  act  with  the  body  of  directors,  and  to  be  denom¬ 
inated  directors  on  the  part  of  the  government ;  any  vacancy  happen¬ 
ing  in  the  government  directors  at  any  time  may  be  filled  by  the  Pres¬ 
ident  of  the  United  States.  The  directors  to  be  appointed  by  the 
President  shall  not  be  stockholders  in  the  Union  Pacific  Railroad 
Company.  The  directors  so  chosen  shall,  as  soon  as  may  be  after 
their  election,  elect  from  their  own  number  a  president  and  vice-pres¬ 
ident,  and  shall  also  elect  a  treasurer  and  secretary.  No  person 
shall  be  a  director  in  said  company  unless  he  shall  be  a  bona  fide 
owner  of  at  least  five  shares  of  stock  in  the  said  company,  except  the 
two  directors  to  be  appointed  by  the  President  as  aforesaid.  Said 
company,  at  any  regular  meeting  of  the  stockholders  called  for  that 
purpose,  shall  have  power  to  make  by-laws,  rules,  and  regulations  as 
they  shall  deem  needful  and  proper,  touching  the  disposition  of  the 
stock,  property,  estate,  and  effects  of  the  company,  not  inconsistent 
herewith,  the  transfer  of  shares,  the  term  of  office,  duties,  and  con¬ 
duct  of  their  officers  and  servants,  and  all  matters  whatsoever  which 
may  appertain  to  tUe  concerns  of  said  company;  and  the  said  board  of 
directors  shall  have  power  to  appoint  such  engineers,  agents,  and  sub- 


*4 


PACIFIC  RAIAROAD. 


ordinates  as  may  from  time  to  time  be  necessary  to  carry  into  effect 
the  object  of  this  act,  and  to  do  all  acts  and  things  touching  the  loca¬ 
tion  and  construction  of  said  road  and  telegraph.  Said  directors  may 
require  payment  of  subscriptions  to  the  capital  stock,  after  due  notice, 
at  such  times  and  in  such  proportions  as  they  shall  deem  necessary  to 
complete  the  railroad  and  telegraph  within  the  time  in  this  act  pre¬ 
scribed.  Said  president,  vice-president,  and  directors  shall  hold  their 
office  for  three  years,  and  until  their  successors  are  duly  elected  and 
qualified,  or  for  such  less  time  as  the  by-laws  of  the  corporation  may 
prescribe;  and  a  majority  of  said  directors  shall  constitute  a  quorum 
for  the  transaction  of  business.  The  secretary  and  treasurer  shall  give 
such  bonds,  with  such  security,  as  the  said  board  shall  from  time  to 
time  require,  and  shall  hold  their  offices  at  the  will  and  pleasure  of 
the  directors.  Annual  meetings  of  the  stockholders  of  the  said  cor¬ 
poration,  for  the  choice  of  officers  (when  they  are  to  be  chosen)  and 
for  the  transaction  of  annual  business,  shall  be  holden  at  such  time 
and  place  and  upon  such  notice  as  may  be  prescribed  in  the  by-laws. 

Sec.  2.  And  be  it  further  enacted ,  That  the  right  of  way  through 
the  public  lands  be,  and  the  same  is  hereby,  granted  to  said  company 
for  the  construction  of  said  railroad  and  telegraph  line;  and  the  right, 
power,  and  authority  is  hereby  given  to  said  company  to  take  from 
the  public  lands  adjacent  to  the  line  of  said  road  earth,  stone,  timber, 
and  other  materials  for  the  construction  thereof;  said  right  of  way 
is  granted  to  said  railroad  to  the  extent  of  two  hundred  feet  in  width 
on  each  side  of  said  railroad  where  it  may  pass  over  the  public  lands, 
including  all  necessary  grounds  for  stations,  buildings,  workshops,  and 
depots,  machine  shops,  switches,  side  tracks,  turntables,  and  water 
stations.  The  United  States  shall  extinguish  as  rapidly  as  may  be 
the  Indian  titles  to  all  lands  falling  under  the  operation  of  this  act 
and  required  for  the  said  right  of  way  and  grants  hereinafter  made. 

Sec.  3.  And  be  it  further  enacted ,  That  there  be,  and  is  hereby, 
granted  to  the  said  company,  for  the  purpose  of  aiding  in  the  con¬ 
struction  of  said  railroad  and  the  telegraph  line,  and  to  secure  the  safe 
and  speedy  transportation  of  the  mails,  troops,  munitions  of  war,  and 
public  stores  thereon,  every  alternate  section  of  public  land,  desig¬ 
nated  by  odd  numbers,  to  the  amount  of  five  alternate  sections  per 
mile  on  each  side  of  said  railroad,  on  the  line  thereof,  and  within  the 
limits  of  ten  miles  on  each  side  of  said  road,  not  sold,  reserved,  or 
otherwise  disposed  of  by  the  United  States,  and  to  which  a  pre-emp¬ 
tion  or  homestead  claim  may  not  have  attached,  at  the  time  the  line 
of  said  road  is  definitely  fixed  :  Provided ,  That  all  mineral  lands 
shall  be  excepted  from  the  operation  of  this  act ;  but  where  the  same 
shall  contain  timber,  the  timber  thereon  is  hereby  granted  to  said 
company.  And  all  such  lands,  so  granted  by  this  section,  which  shall 
not  be  sold  or  disposed  of  by  said  company  within  three  years  after 
the  entire  road  shall  have  been  completed,  shall  be  subject  to  settle¬ 
ment  and  pre-emption,  like  other  lands,  at  a  price  not  exceeding  one 
dollar  and  twenty-five  cents  per  acre,  to  be  paid  to  said  company. 

Sec.  4.  And  be  it  further  enacted ,  That  whenever  said  company' 
shall  have  completed  forty  consecutive  miles  of  any  portion  of  said 
railroad  and  telegraph  line,  ready  for  the  service  contemplated  by  this 


PACIFIC  RAILROAD. 


5 


act,  and  supplied  with  all  necessary  drains,  culverts,  viaducts,  cross¬ 
ings,  sidings,  bridges,  turnouts,  watering  places,  depots,  equipments, 
furniture,  and  all  other  appurtenances  of  a  first  class  railroad,  the 
rails  and  all  the  other  iron  used  in  the  construction  and  equipment  of 
said  road  to  he  American  manufacture  of  the  best  quality,  the  Presi¬ 
dent  of  the  United  States  shall  appoint  three  commissioners  to  ex¬ 
amine  the  same  and  report  to  him  in  relation  thereto;  and  if  it  shall 
appear  to  him  that  forty  consecutive  miles  of  said  railroad  and  tele¬ 
graph  line  have  been  completed  and  equipped  in  all  respects  as  re¬ 
quired  by  this  act,  then,  upon  certificate  of  said  commissioners  to  that 
effect,  patents  shall  issue  conveying  the  right  and  title  to  said  lands  to 
said  company,  on  each  side  of  the  road  as  far  as  the  same  is  completed, 
to  the  amount  aforesaid  ;  and  patents  shall  in  like  manner  issue  as  each 
forty  miles  of  said  railroad  and  telegraph  line  are  completed,  upon  cer¬ 
tificate  of  said  commissioners.  Any  vacancies  occurring  in  said  board 
of  commissioners  by  death,  resignation,  or  otherwise,  shall  be  filled 
by  the  President  of  the  United  States  :  Provided ,  however ,  That  no 
such  commissioners  shall  be  appointed  by  the  President  of  the  United 
States  unless  there  shall  be  presented  to  him  a  statement,  verified  on 
oath  by  the  president  of  said  company,  that  such  forty  miles  have 
been  completed,  in  the  manner  required  by  this  act,  and  setting  forth 
with  certainty  the  points  where  such  forty  miles  begin  and  where  the 
same  end  ;  which  oath  shall  be  taken  before  a  judge  of  a  court  of 
record. 

Sec.  5.  And  he  it  further  enacted ,  That  for  the  purposes  herein  men¬ 
tioned  the  Secretary  of  the  Treasury  shall,  upon  the  certificate  in 
writing  ol  said  commissioners  of  the  completion  and  equipment  of 
forty  consecutive  miles  of  said  railroad  and  telegraph,  in  accordance 
with  the  provisions  of  this  act,  issue  to  said  company  bonds  of  the 
United  States  of  one  thousand  dollars  each,  payable  in  thirty  years 
after  date,  bearing  six  per  centum  per  annum  interest,  (said  interest 
payable  semi-annually,)  which  interest  may  be  paid  in  United  States 
treasury  notes  or  any  other  money  or  currency  which  the  United  States 
have  or  shall  declare  lawful  money  and  a  legal  tender,  to  the  amount 
of  sixteen  of  said  bonds  per  mile  for  such  section  of  forty  miles  ;  and 
to  secure  the  repayment  to  the  United  States,  as  hereinafter  provided, 
of  the  amount  of  said  bonds  so  issued  and  delivered  to  said  company, 
together  with  all  interest  thereon  which  shall  have  been  paid  by  the 
United  States,  the  issue  of  said  bonds  and  delivery  to  the  company 
shall  ipso  facto  constitute  a  first  mortgage  on  the  whole  line  of  the 
railroad  and  telegraph,  together  with  the  rolling  stock,  fixtures,  and 
property  of  every  kind  and  description,  and  in  consideration  of  which 
said  bonds  may  be  issued  ;  and  on  the  refusal  or  failure  of  said  com¬ 
pany  to  redeem  said  bonds,  or  any  part  of  them,  when  required  so  to 
do  by  the  Secretary  of  the  Treasury,  in  accordance  with  the  provisions 
of  this  act,  the  said  road,  with  all  the  rights,  functions,  immunities, 
and  appurtenances  thereunto  belonging,  and  also  all  lands  granted  to 
the  said  company  by  the  United  States,  which,  at  the  time  of  said  de¬ 
fault,  shall  remain  in  the  ownership  of  the  said  company,  may  be 
taken  possession  of  by  the  Secretary  of  the  Treasury,  for  the  use  and 


6 


PACIFIC  RAILROAD. 


benefit  of  the  United  States  :  Provided ,  This  section  shall  not  apply 
to  that  part  of  any  road  now  constructed. 

Sec.  6.  And  be  it  further  enacted ,  That  the  grants  aforesaid  are  made 
upon  condition  that  said  company  shall  pay  said  bonds  at  maturity  and 
shall  keep  said  railroad  and  telegraph  line  in  repair  and  use,  and  shall  at 
all  times  transmit  despatches  over  said  telegraph  lino,  and  transport 
mails,  troops,  and  munitions  of  war,  supplies,  and  public  stores  upon  said 
railroad  for  the  government,  whenever  required  to  do  so  by  any  de¬ 
partment  thereof,  and  that  the  government  shall  at  all  times  have 
the  preference  in  the  use  of  the  same  for  all  the  purposes  aforesaid, 
(at  fair  and  reasonable  rates  of  compensation,  not  to  exceed  the 
amounts  paid  by  private  parties  for  the  same  kind  of  service ;)  and  all 
compensation  for  services  rendered  for  the  government  shall  be  ap¬ 
plied  to  the  payment  of  said  bonds  and  interest  until  the  whole 
amount  is  fully  paid.  Said  company  may  also  pay  the  United  States, 
wholly  or  in  part,  in  the  same  or  other  bonds,  treasury  notes,  or 
other  evidences  of  debt  against  the  United  States,  to  be  allowed  at 
par  ;  and  after  said  road  is  completed,  until  said  bonds  and  interest 
are  paid,  at  least  five  per  centum  of  the  net  earnings  of  said  road 
shall  also  be  annually  applied  to  the  payment  thereof. 

Sec.  7.  And  be  it  further  enacted ,  That  said  company  shall  file 
their  assent  to  this  act,  under  the  seal  of  said  company,  in  the  De¬ 
partment  of  the  Interior,  within  one  year  after  the  passage  of  this 
act,  and  shall  complete  said  railroad  and  telegraph  from  the  point  of 
beginning  as  hereinafter  provided,  to  the  western  boundary  of  Nevada 
Territory  before  the  first  day  of  July,  one  thousand  eight  hundred 
and  seventy-four  :  Provided ,  That  within  two  years  after  the  passage 
of  this  act  said  company  shall  designate  the  general  route  of  said 
road,  as  near  as  may  be,  and  shall  file  a  map  of  the  same  in  the  De¬ 
partment  of  the  Interior,  whereupon  the  Secretary  of  the  Interior 
shall  cause  the  lands  within  fifteen  miles  of  said  designated  route  or 
routes  to  be  withdrawn  from  pre-emption,  private  entry,  and  sale  ; 
and  when  any  portion  of  said  route  shall  be  finally  located,  the  Secre¬ 
tary  of  the  Interior  shall  cause  the  said  lands  hereinbefore  granted  to 
be  surveyed  and  set  off  as  fast  as  may  be  necessary  for  the  purposes 
herein  named :  Provided ,  That  in  fixing  the  point  of  connexion  of 
the  main  trunk  with  the  eastern  connexions,  it  shall  be  fixed  at  the 
most  practical  point  for  the  construction  of  the  Iowa  and  Missouri 
branches,  as  hereinafter  provided. 

Sec.  8.  And  be  it  further  enacted That  the  line  of  said  railroad 
and  telegraph  shall  commence  at  a  point  on  the  one  hundredth  meri¬ 
dian  of  longitude  west  from  Greenwich,  between  the  south  margin  of 
the  valley  of  the  Republican  river  and  the  north  margin  of  the  valley 
of  the  Platte  river,  in  the  Territory  of  Nebraska,  at  a  point  to  be  fixed 
by  the  President  of  the  United  States,  after  actual  surveys;  thence 
running  westerly  upon  the  most  direct,  central,  and  practicable  route, 
through  the  territories  of  the  United  States,  to  the  western  boundary 
of  the  Territory  of  Nevada,  there  to  meet  and  connect  with  the  line 
of  the  Central  Pacific  Railroad  Company  of  California. 

Sec.  9.  And  be  it  further  enacted ,  That  the  Leavenworth,  Pawnee, 
and  Western  Railroad  Company  of  Kansas  are  hereby  authorized  to 


PACIFIC  RAILROAD. 


7 


construct  a  railroad  and  telegraph  line,  from  the  Missouri  river,  at  the 
mouth  of  the  Kansas  river,  on  the  south  side  thereof,  so  as  to  connect 
with  the  Pacific  railroad  of  Missouri,  to  the  aforesaid  point,  on  the 
one-hundredth  meridian  of  longitude  west  from  Greenwich,  as  herein 
provided,  upon  the  same  terms  and  conditions  in  all  respects  as  are 
provided  in  this  act  for  the  construction  of  the  railroad  and  telegraph 
line  first  mentioned,  and  to  meet  and  connect  with  the  same  at  the 
meridian  of  longitude  aforesaid  ;  and  in  case  the  general  route  or  line 
of  road  from  the  Missouri  river  to  the  Rocky  mountains  should  be  so 
located  as  to  require  a  departure  northwardly  from  the  proposed  line 
of  said  Kansas  railroad  before  it  reaches  the  meridian  of  longitude 
aforesaid,  the  location  of  said  Kansas  road  shall  be  made  so  as  to  con¬ 
form  thereto ;  and  said  railroad  through  Kansas  shall  be  so  located 
between  the  mouth  of  the  Kansas  river,  as  aforesaid,  and  the  afore¬ 
said  point,  on  the  one-hundredth  meridian  of  longitude,  that  the  sev¬ 
eral  railroads  from  Missouri  and  Iowa,  herein  authorized  to  connect 
with  the  same,  can  make  the  connexion  within  the  limits  prescribed 
in  this  act,  provided  the  same  can  be  done  without  deviating  from  the 
general  direction' of  the  whole  line  to  the  Pacific  coast.  The  route  in 
Kansas,  west  of  the  meridian  of  Fort  Riley,  to  the  aforesaid  point,  on 
the  one-hundredth  meridian  of  longitude,  to  be  subject  to  the  appro¬ 
val  of  the  President  of  the  United  States,  and  to  be  determined  by 
him  on  actual  survey.  And  said  Kansas  company  may  proceed  to 
build  said  railroad  to  the  aforesaid  point,  on  the  one-hundredth  meri¬ 
dian  of  longitude  west  from  Greenwich,  in  the  Territory  of  Nebraska. 
The  Central  Pacific  Railroad  Company  of  California,  a  corporation 
existing  under  the  laws  of  the  State  of  California,  are  hereby  author¬ 
ized  to  construct  a  railroad  and  telegraph  line  from  the  Pacific  coast, 
at  or  near  San  Francisco,  or  the  navigable  waters  of  the  Sacramento 
river,  to  the  eastern  boundary  of  California,  upon  the  same  terms  and 
conditions,  in  all  respects,  as  are  contained  in  this  act  for  the  con¬ 
struction  of  said  railroad  and  telegraph  line  first  mentioned,  and  to 
meet  and  connect  with  the  first-mentioned  railroad  and  telegraph  line 
on  the  eastern  boundary  of  California.  Each  of  said  companies  shall 
file  their  acceptance  of  the  conditions  of  this  act  in  the  Department 
of  the  Interior  within  six  months  after  the  passage  of  this  act. 

Sec.  10.  And  be  it  further  enacted ,  That  the  said  company  chartered 
by  the  State  of  Kansas  shall  complete  one  hundred  miles  of  their  said 
road,  commencing  at  the  mouth  of  the  Kansas  river  as  aforesaid, 
within  two  years  after  filing  their  assent  to  the  conditions  of  this  act, 
as  herein  provided,  and  one  hundred  miles  per  year  thereafter  until 
the  whole  is  completed  ;  and  the  said  Central  Pacific  Railrqad  Com¬ 
pany  of  California  shall  complete  fifty  miles  of  their  said  road  within 
two  years  after  filing  their  assent  to  the  provisions  of  this  act,  as 
herein  provided,  and  fifty  miles  per  year  thereafter  until  the  whole  is 
completed ;  and  after  completing  their  roads,  respectively,  said 
companies,  or  either  of  them,  may  unite  upon  equal  terms  with  the 
first-named  company  in  constructing  so  much  of  said  railroad  and 
telegraph  line  and  branch  railroads  and  telegraph  lines  in  this  act 
hereinafter  mentioned,  through  the  Territories  from  the  State  of  Cali¬ 
fornia  to  the  Missouri  river,  as  shall  then  remain  to  be  constructed, 


8 


PACIFIC  RAILROAD. 


on  the  same  terms  and  conditions  as  provided  in  this  act  in  relation 
to  the  said  Union  Pacific  Railroad  Company.  And  the  Hannibal  and 
Saint  Joseph  Railroad,  the  Pacific  Railroad  Company  of  Missouri, 
and  the  first-named  company,  or  either  of  them,  on  filing  their  assent 
to  this  act,  as  aforesaid,  may  unite  upon  equal  terms,  under  this  act, 
with  the  said  Kansas  company,  in  constructing  said  railroad  and  tele¬ 
graph,  to  said  meridian  of  longitude,  with  the  consent  of  the  said 
State  of  Kansas  ;  and  in  case  said  first-named  company  shall  com¬ 
plete  their  line  to  the  eastern  boundary  of  California  before  it  is 
completed  across  said  State  by  the  Central  Pacific  Railroad  Company 
of  California,  said  first-named  company  is  hereby  authorized  to  con¬ 
tinue  in  constructing  the  same  through  California,  with  the  consent  of 
said  State,  upon  the  terms  mentioned  in  this  act,  until  said  roads  shall 
meet  and  connect,  and  the  whole  line  of  said  railroad  and  telegraph 
is  completed  ;  and  the  Central  Pacific  Railroad  Company  of  California, 
after  completing  its  road  across  said  State,  is  authorized  to  continue 
the  construction  of  said  railroad  and  telegraph  through  the  Terri¬ 
tories  of  the  United  States  to  the  Missouri  river,  including  the  branch 
roads  specified  in  this  act,  upon  the  routes  hereinbefore  and  hereinafter 
indicated,  on  the  terms  and  conditions  provided  in  this  act  in  relation 
to  the  said  Union  Pacific  Railroad  Company,  until  said  roads  shall 
meet  and  connect,  and  the  whole  line  of  said  railroad  and  branches 
and  telegraph  is  completed. 

Sec.  11.  And  be  it  further  enacted ,  That  for  three  hundred  miles  of 
said  road  most  mountainous  and  difficult  of  construction,  to  wit:  one 
hundred  and  fifty  miles  westwardly  from  the  eastern  base  of  the  Rocky 
mountains,  and  one  hundred  and  fifty  miles  eastwardly  from  the  west¬ 
ern  base  ot  the  Sierra  Nevada  mountains,  said  points  to  be  fixed  by 
the  President  of  the  United  States,  the  bonds  to  be  issued  to  aid  in 
the  construction  thereof  shall  be  treble  the  number  per  mile  herein¬ 
before  provided,  and  the  same  shall  be  issued,  and  the  lands  herein 
granted  he  set  apart,  upon  the  construction  of  every  twenty  miles 
thereof,  upon  the  certificate  of  the  commissioners  as  aforesaid  that 
twenty  consecutive  miles  of  the  same  are  completed;  and  between  the 
sections  last  named  of  one  hundred  and  fifty  miles  each  the  bonds  to 
be  issued  to  aid  in  the  construction  thereof  shall  be  double  the  number 
per  mile  first  mentioned,  and  the  same  shall  be  issued,  and  the  lands 
herein  granted  be  set  apart,  upon  the  construction  of  every  twenty 
miles  thereof,  upon  the  certificate  of  the  commissioners  as  aforesaid 
that  twenty  consecutive  miles  of  the  same  are  completed:  Provided , 
That  no  more  than  fifty  thousand  of  said  bonds  shall  be  issued  under 
this  act » to  aid  in  constructing  the  main  line  of  said  railroad  and 
telegraph . 

Sec.  12.  And  be  it  further  enacted ,  That  whenever  the  route  of  said 
railroad  shall  cross  the  boundary  of  any  State  or  Territory,  or  said 
meridian  of  longitude,  the  two  companies  meeting  or  uniting  there 
shall  agree  upon  its  location  at  that  point,  with  reference  to  the  most 
direct  and  practicable  through  route,  and  in  case  of  difference  between 
them  as  to  said  location  the  President  of  the  United  States  shall  de¬ 
termine  the  said  location;  the  companies  named  in  each  State  and 
Territory  to  locate  the  road  across  the  same  between  the  points  so 


PACIFIC  KAIIvKOAD. 


9 


agreed  upon,  except  as  herein  provided.  The  track  upon  the  entire 
line  of  railroad  and  branches  shall  he  of  uniform  width,  to  be  deter- 
termined  by  the  President  of  the  United  States,  so  that,  when  com¬ 
pleted,  cars  can  he  run  from  the  Missouri  river  to  the  Pacific  coast; 
the  grades  and  curves  shall  not  exceed  the  maximum  grades  and 
curves  of  the  Baltimore  and  Ohio  railroad;  the  whole  line  of  said 
railroad  and  branches  and  telegraph  shall  he  operated  and  used  for 
all  purposes  of  communication,  travel,  and  transportation,  so  far  as 
the  public  and  government  are  concerned,  as  one  connected,  continuous 
line;  and  the  companies  herein  named  in  Missouri,  Kansas,  and  Cali¬ 
fornia,  filing  their  assent  to  the  provisions  of  this  act,  shall  receive 
and  transport  all  iron  rails,  chairs,  spikes,  ties,  timber,  and  all  mate¬ 
rials  required  for  constructing  and  furnishing  said  first-mentioned 
line  between  the  aforesaid  point,  on  the  one  hundredth  meridian  of 
longitude  and  western  boundary  of  Nevada  Territory,  whenever  the 
same  is  required  by  said  first-named  company,  at  cost,  over  that  por¬ 
tion  of  the  roads  of  said  companies  constructed  under  the  provisions 
of  this  act, 

Sec.  13.  And  be  it  further  enacted ,  That  the  Hannibal  and  Saint 
Joseph  Railroad  Company  of  Missouri  may  extend  its  roads  from  Saint 
Joseph,  via  Atchison,  to  connect  and  unite  with  the  road  through 
Kansas,  upon  filing  its  assent  to  the  provisions  of  this  act,  upon  the 
same  terms  and  conditions,  in  all  respects,  for  one  hundred  miles  in 
length  next  to  the  Missouri  river,  as  are  provided  in  this  act  for  the 
construction  of  the  railroad  and  telegraph  line  first  mentioned,  and 
may  for  this  purpose  use  any  railroad  charter  which  has  been  or  may 
be  granted  by  the  legislature  of  Kansas :  Provided ,  That  if  actual 
survey  shall  render  it  desirable,  the  said  company  may  construct  their 
road,  with  the  consent  of  the  Kansas  legislature,  on  the  most  direct 
and  practicable  route  west  from  St.  Joseph,  Missouri,  so  as  to  connect 
and  unite  with  the  road  leading  from  the  western  boundary  of  Iowa 
at  any  point  east  of  the  one  hundredth  meridian  of  west  longitude,  or 
with  the  main  trunk  road  at  said  point ;  but  in  no  event  shall  lands 
or  bonds  be  given  to  said  company,  as  herein  directed,  to  aid  in  the 
construction  of  their  said  road  for  a  greater  distance  than  one  hundred 
miles.  And  the  Leavenworth,  Pawnee,  and  Western  Railroad  Com¬ 
pany  of  Kansas  may  construct  their  road  from  Leavenworth  to  unite 
with  the  road  through  Kansas. 

Sec.  14.  And,  be  it  further  enacted ,  That  the  said  Union  Pacific 
Railroad  Company  is  hereby  authorized  and  required  to  construct  a 
single  line  of  railroad  and  telegraph  from  a  point  on  the  western 
boundary  of  the  State  of  Iowa,  to  be  fixed  by  the  President  of  the 
United  States;  upon  the  most  direct  and  practicable  route,  to  be  sub¬ 
ject  to  his  approval,  so  as  to  form  a  connexion  with  the  lines  of  said 
company  at  some  point  on  the  one  hundredth  meridian  of  longitude 
aforesaid,  from  the  point  of  commencement  on  the  western  boundary 
of  the  State  of  Iowa,  upon  the  same  terms  and  conditions,  in  all  re¬ 
spects,  as  are  contained  in  this  act  for  the  construction  of  the  said 
railroad  and  telegraph  first  mentioned  ;  and  the  said  Union  Pa¬ 
cific  Railroad  Company  shall  complete  one  hundred  miles  of  the 
road  and  telegraph  in  this  section  provided  for  in  two  years 

Mis.  Doc.  108 - 2 


10 


PACIFIC  RAILEOAD. 


after  filing  their  assent  to  the  conditions  of  this  act,  as  by  the 
terms  of  this  act  required,  and  at  the  rate  of  one  hundred  miles 
per  year  thereafter,  until  the  whole  is  completed:  Provided ,  That  a 
failure  upon  the  part  of  said  company  to  make  said  connexion  in  the 
time  aforesaid,  and  to  perform  the  obligations  imposed  on  said  com¬ 
pany  by  this  section,  and  to  operate  said  road  in  the  same  manner  as 
the  main  line  shall  be  operated,  shall  forfeit  to  the  government  of  the 
United  States  all  the  rights,  privileges,  and  franchises  granted  to  and 
conferred  upon  said  company  by  this  act.  And  whenever  there  shall 
be  a  line  of  railroad  completed  through  Minnesota  or  Iowa  to  Sioux 
City,  then  the  said  Union  Pacific  Railroad  Company  is  hereby  author¬ 
ized  and  required  to  construct  a  railroad  and  telegraph  from  said 
Sioux  City  upon  the  most  direct  and  practicable  route  to  a  point  on, 
and  so  as  to  connect  with  the  branch  railroad  and  telegraph  in  this 
section  hereinbefore  mentioned,' or  with  the  said  Union  Pacific  rail¬ 
road,  said  point  of  junction  to  be  fixed  by  the  President  of  the  United 
States,  not  further  west  than  the  one  hundredth  meridian  of  longitude 
aforesaid,  and  on  the  same  terms  and  conditions  as  provided  in  this 
act  for  the  construction  of  the  Union  Pacific  railroad  aforesaid,  and 
to  complete  the  same  at  the  rate  of  one  hundred  miles  per  year;  and 
should  said  company  fail  to  comply  with  the  requirements  of  this  act 
in  relation  to  the  said  Sioux  City  railroad  and  telegraph,  the  said 
company  shall  suffer  the  same  forfeitures  prescribed  in  relation  to  the 
Iowa  branch  railroad  and  telegraph  hereinbefore  mentioned. 

Sec.  15.  And  be  it  further  enacted ,  That  any  other  railroad  com¬ 
pany  now  incorporated,  or  hereafter  to  be  incorporated,  shall  have  the 
right  to  connect  their  road  with  the  road  and  branches  provided  for 
by  this  act,  at  such  places  and  upon  such  just  and  equitable  terms  as 
the  President  of  the  United  States  may  prescribe.  Wherever  the 
word  company  is  used  in  this  act  it  shall  be  construed  to  embrace  the 
words  their  associates,  successors,  and  assigns,  the  same  as  if  the 
words  had  been  properly  added  thereto. 

Sec.  16.  And  be  it  further  enacted, ,  That  at  any  time  after  the  pas¬ 
sage  of  this  act  all  of  the  railroad  companies  named  herein,  and  as¬ 
senting  hereto,  or  any  two  or  more  of  them,  are  authorized  to  form 
themselves  into  one  consolidated  company;  notice  of  such  consolida¬ 
tion,  in  writing,  shall  be  filed  in  the  Department  of  the  Interior,  and 
such  consolidated  company  shall  thereafter  proceed  to  construct  said 
railroad  and  branches  and  telegraph  line  upon  the  terms  and  condi¬ 
tions  provided  in  this  act. 

Sec.  17.  And  be  it  further  enacted ,  That  in  case  said  company  or 
companies  shall  fail  to  comply  with  the  terms  and  conditions  of  this 
act,  by  not  completing  said  road  and  telegraph  and  branches  within 
a  reasonable  time,  or  by  not  keeping  the  same  in  repair  and  use,  but 
shall  permit  the  same,  for  an  unreasonable  time,  to  remain  unfinished, 
or  out  of  repair,  and  unfit  for  use,  Congress  may  pass  any  act  to  in¬ 
sure  the  speedy  completion  of  said  road  and  branches,  or  put  the 
same  in  repair  and  use,  and  may  direct  the  income  of  said  railroad 
and  telegraph  line  to  be  thereafter  devoted  to  the  use  of  the  United 
States,  to  repay  all  such  expenditures  caused  by  the  default  and  neg¬ 
lect  of  such  company  or  companies :  Provided,  That  if  said  roads 


PACIFIC  RAILROAD. 


11 


are  not  completed,  so  as  to  form  a  continuous  line  of  railroad,  ready 
for  use,  from  the  Missouri  river  to  the  navigable  waters  of  the  Sacra¬ 
mento  river,  in  California,  by  the  first  day  of  July,  eighteen  hun¬ 
dred  and  seventy-six,  the  whole  of  all  of  said  railroads  before  men¬ 
tioned  and  to  be  constructed  under  the  provisions  of  this  act,  together 
with  all  their  furniture,  fixtures,  rolling  stock,  machine  shops,  lands, 
tenements,  and  hereditaments,  and  property  of  every  kind  and  char¬ 
acter,  shall  be  forfeited  to  and  taken  possession  of  by  the  United 
States  :  Provided,  That  of  the  bonds  of  the  United  States  in  this  act 
provided  to  be  delivered  for  any  and  all  parts  of  the  roads  to  be.  con¬ 
structed  east  of  the  one  hundredth  meridian  of  west  longitude  from 
Greenwich,  and  for  any  part  of  the  road  west  of  the  west  foot  of  the 
Sierra  Nevada  mountain,  there  shall  be  reserved  of  each  part  and  in¬ 
stalment  twenty-five  per  centum,  to  be  and  remain  in  the  United 
States  treasury,  undelivered,  until  said  road  and  all  parts  thereof  pro¬ 
vided  for  in  this  act  are  entirely  completed;  and  of  all  the  bonds 
provided  to  be  delivered  for  the  said  road,  between  the  two  points 
aforesaid,  there  shall  be  reserved  out  of  each  instalment  fifteen  per 
centum,  to  be  and  remain  in  the  treasury  until  the  whole  of  the  road 
provided  for  in  this  act  is  fully  completed;  and  if  the  said  road  or 
any  part  thereof  shall  fail  of  completion  at  the  time  limited  therefor 
in  this  act,  then  and  in  that  case  the  said  part  of  said  bonds  so  re¬ 
served  shall  be  forfeited  to  the  United  States. 

Sec  18.  And  be  it  further  enacted ,  That  whenever  it  appears  that 
the  net  earnings  of  the  entire  road  and  telegraph,  including  the 
amount  allowed  for  services  rendered  for  the  United  States,  after  de¬ 
ducting  all  expenditures,  including  repairs  and  the  furnishing,  run¬ 
ning,  and  managing  of  said  road,  shall  exceed  ten  per  centum  upon 
its  cost,  exclusive  of  the  five  per  centum  to  be  paid  to  the  United 
States,  Congress  may  reduce  the  rates  of  fare  thereon,  if  unreasonable 
in  amount,  and  may  fix  and  establish  the  same  by  law.  And  the  better 
to  accomplish  the  object  of  this  act,  namely,  to  promote  the  public 
interest  and  welfare  by  the  construction  of  said  railroad  and  telegraph 
line,  and  keeping  the  same  in  working  order,  and  to  secure  to  the 
government  at  all  times  (but  particularly  in  time  of  war)  the  use  and 
benefits  of  the  same  for  postal,  military,  and  other  purposes,  Congress 
may,  at  any  time,  having  due  regard  for  the  rights  of  said  companies 
named  herein,  add  to,  alter,  amend,  or  repeal  this  act. 

Sec.  19.  And  be  it  further  enacted,  That  the  several  railroad  com¬ 
panies  herein  named  are  authorized  to  enter  into  an  arrangement  with 
the  Pacific  Telegraph  Company,  the  Overland  Telegraph  Company, 
and  the  California  State  Telegraph  Company,  so  that  the  present  line 
of  telegraph  between  the  Missouri  river  and  San  Francisco  may  be 
moved  upon  or  along  the  line  of  said  railroad  and  branches  as  fast  as 
said  roads  and  branches  are  built  ;  and  if  said  arrangement  be  en¬ 
tered  into,  and  the  transfer  of  said  telegraph  line  be  made  in  accord¬ 
ance  therewith  to  the  line  of  said  railroad  and  branches,  such  transfer 
shall,  for  all  purposes  of  this  act,  be  held  and  considered  a  fulfilment 
on  the  part  of  said  railroad  companies  of  the  provisions  of  this  act  in 
regard  to  the  construction  of  said  line  of  telegraph.  And,  in  case  of 
disagreement,  said  telegraph  companies  are  authorized  to  remove 


12 


PACIFIC  RAILROAD. 


their  line  of  telegraph  along  and  upon  the  line  of  railroad  herein  con¬ 
templated  without  prejudice  to  the  rights  of  said  railroad  companies 
named  herein. 

Sec.  20.  And  be  it  further  enacted ,  That  the  corporation  hereby 
created  and  the  roads  connected  therewith,  under  the  provisions  of 
this  act,  shall  make  to  the  Secretary  of  the  Treasury  an  annual  report 
wherein  shall  be  set  forth— 

First.  The  names  of  the  stockholders  and  their  places  of  residence, 
so  far  as  the  same  can  be  ascertained  ; 

Seco?id.  The  names  and  residences  of  the  directors,  and  all  other 
officers  of  the  company ; 

Third.  The  amount  of  stock  subscribed,  and  the  amount  thereof 
actually  paid  in ; 

Fourth.  A  description  of  the  lines  of  road  surveyed,  of  the  lines 
thereof  fixed  upon  for  the  construction  of  the  road,  and  the  cost  of 
such  surveys ; 

Fifth.  The  amount  received  from  passengers  on  the  road  ; 

Sixth.  The  amount  received  for  freight  thereon  ; 

Seventh.  A  statement  of  the  expense  of  said  road  and  its  fixtures  ; 

Eighth.  A  statement  of  the  indebtedness  of  said  company,  setting 
forth  the  various  kinds  thereof.  Which  report  shall  be  sworn  to  by 
the  president  of  the  said  company,  and  shall  he  presented  to  the  Sec¬ 
retary  of  the  Treasury  on  or  before  the  first  day  of  July  in  each  year. 

GALUSHA  A.  GROW, 

Speaker  of  the  House  of  Representatives. 
SOLOMON  FOOT, 

President  of  the  Senate ,  pro  tempore. 

Approved  July  1,  1862. 

ABRAHAM  LINCOLN. 


